IA No.9579/2016 (for exemption)

1. Allowed, subject to just exceptions.

2. The application stands disposed of.

CS(COMM) No.1058/2016, IAs No.9578/2016 (u/O 39 R-1&2 CPC) & 9580/2016 (u/S 80 (2) CPC).

3. This suit claiming the reliefs of declaration, permanent injunction and mandatory injunction has come up today for admission. However, having gone through the plaint and having not found the plaintiff to be having any cause of action for the reliefs claimed, the counsel for the plaintiff has been given an opportunity to address thereon.

4. It is the case of the plaintiff:

(i) that the defendant No.1 Delhi Development Authority (DDA) granted a Perpetual Lease dated 11th July,1974 of industrial plot bearing No.71/5 admeasuring 7246.67 sq. yards, Najafgarh Road Industrial Area, Najafgarh, New Delhi to M/s Delhi Flooring Pvt. Ltd. (DFPL) (not a party to the suit) for a period of 25 years from 11th July, 1974;

(ii) that the said DFPL inducted the plaintiff as a tenant in a portion admeasuring 2400 sq. feet of the aforesaid property;

(iii) that the period of 25 years, for which the defendant No.1 DDA had granted the perpetual lease in favour of DFPL, lapsed in the year 1999;

(iv) that as